1. DOST MUHAMMAD KHAN, J.---Petitioner had been booked for crime under section 9(c), C.N.S. Act, Police Station Phandu, Peshawar, vide F.I.R. No, 855 dated 14-10-2009, thus, he seeks bail through the instant petition.
2. ' Arguments heard and record perused.
3. Brief Facts: 2.It is the case of the prosecution that the petitioner was a taxi driver and his taxi car was hired by the two co-accused for Rs, 500. However, while in transit they were intercepted by the police party headed by Noor Elahi S.H.O. of the Police Station and on search a shopping bag was recovered, lying in between the feet of Habibur Rehman co-accused and on search 10 packets of charas were recovered therefrom, weighing 20 kgs.
4. 3.During the course of investigation, the statement of all the three accused were recorded, wherein the lady accused has squarely stated that the driver/petitioner was not involved and had no knowledge about the narcotics and similar is the statement of the petitioner. Although such statements are not admissible under the law of evidence, however, when the Investigating Officer has recorded the same, there was a definite purpose behind that, that he was to some extent at the moment satisfied with regard to the innocence of the petitioner.
5. 4.The petitioner belongs to Bada Bher, Peshawar, while the two accused belong to Hangu Orakzai Agency. They are not related to each other and the possibility that the petitioner might have taken them to their destination, because his car was hired. He was not supposed to search the luggage of the passenger and whether he was having conscious knowledge about the narcotics or not is still open to debate. Let the prosecution connect him with the crime at the trial, but till then refusal of bail to him would not be justifiable.
6. ' For the above stated reasons, this petition is allowed and the petitioner is granted bail in the sum of Rs, 4,00,000 (four lac) with two reliable sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.